PRASAD TECHNOLOGY PARK PVT LTD Vs. SUB REGISTRAR

JUDGEMENT

(1.) Leave granted.

(2.) Whether execution of a supplementary agreement entered into by and between the Appellant and the Third Respondent herein would amount to a transfer so as to attract stamp duty payable in terms of Article 5(d) of the Schedule appended to the Karnataka Stamp Act, 1957, consequent upon the change of the name of the erstwhile company to the Appellant Company is the question involved in this appeal.

(3.) The basic fact of the matter is not in dispute. One "Prasad Garments Pvt. Ltd." was a company registered under the Companies Act, 1956. On or about 05-03-1999, it entered into a lease-cum-sale agreement with the Third Respondent herein upon payment of premium of a sum of Rs.14,49,453, which amounted to 99% of the tentative cost of the land and one yearly rent of 966/- for a period of eleven years computed from 25-06-1997. The name of the said company, however, was changed to "Prasad Technology Park Pvt. Ltd."